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Exactions – How far is too far?

September 10, 2021 3:30 pm

Municipal governments can require contributions of land or improvements as a condition of development as long as the developer’s constitutional rights aren’t violated. What does this mean in real life and plain English?  Can government require the dedication and improvement of roadways, curbs, gutters, and sidewalks?  How about bike trails, traffic signals, flood control measures, and highway on-ramps? We’ll go over the current legal standard then walk through several examples so developers and government officials alike can see what constitutes a legal exaction.



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